Reports of Cases Decided in the Supreme Court of the State of North Dakota, Volume 11North Dakota. Supreme Court, Hiram A. Libby, Robert Milligan Carothers, Robert Dimon Hoskins, John McDowell Cochrane, Edgar Whittlesey Camp, Ames Francis Wilbur, Edwin James Taylor, Joseph Coghlan Lawyers Co-operative Publishing Company, 1903 |
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Results 1-5 of 12
Page 145
... prerogative of the executive branch of the government , and this prerogative was not shared by judicial officers ... writ of certiorari would not have issued in this case , and would , if issued , be quashed , if the writ were invoked ...
... prerogative of the executive branch of the government , and this prerogative was not shared by judicial officers ... writ of certiorari would not have issued in this case , and would , if issued , be quashed , if the writ were invoked ...
Page 334
... prerogative writ of injunction to prevent the com- mission of certain acts which are threatened , and which are ... prerogative writs , and are to be invoked only in a limited class of cases , viz . , where the sovereignty of the state ...
... prerogative writ of injunction to prevent the com- mission of certain acts which are threatened , and which are ... prerogative writs , and are to be invoked only in a limited class of cases , viz . , where the sovereignty of the state ...
Page 335
... prerogative writs in behalf of the state ; and this for the obvious . reason that he is the officer expressly clothed with authority to assert the rights of the state in the courts , and to defend its fran- chises and prerogatives , and ...
... prerogative writs in behalf of the state ; and this for the obvious . reason that he is the officer expressly clothed with authority to assert the rights of the state in the courts , and to defend its fran- chises and prerogatives , and ...
Page 336
... prerogative writs proper can issue only at the suit of the state , or the attorney general in the right of the state , and so it must be with the writ of injunction in its use as a quasi prerogative writ . " But , as has been suggested ...
... prerogative writs proper can issue only at the suit of the state , or the attorney general in the right of the state , and so it must be with the writ of injunction in its use as a quasi prerogative writ . " But , as has been suggested ...
Page 340
... prerogative writ enjoin the inspectors from holding the election contemplated , and which they were appointed to hold . It is true that counsel in their brief put a suppositious case , under which they claim that electors may be dis ...
... prerogative writ enjoin the inspectors from holding the election contemplated , and which they were appointed to hold . It is true that counsel in their brief put a suppositious case , under which they claim that electors may be dis ...
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Common terms and phrases
adverse possession affidavit affirmed agent agreement alleged answer Appeal from District application assessed authority ballot bank bond Bullamore Cass County cited claim Codes commissioners complaint conclusion constitution contract convention counsel court of equity deed defendant defendant's delegates delivered demand determine district court drain election entered entitled error evidence executed fact fendant filed follows foreclosure further held issue Jones judge judgment jurisdiction jury land legislative McHenry county McIntosh county ment mortgage motion N. W. Rep Nelson county North Dakota notice opinion owner paid party payment personal property Pierce county plaintiff possession precinct premises prerogative writ presented proceedings provisions purchase purpose question quiet title quo warranto real estate reason refused relator respondent Richland county rule signed state's attorney statute street sureties sustained taxes testified testimony thereof tion trial court verdict vote Wipperman writ
Popular passages
Page 14 - The title of a person who negotiates an instrument is defective within the meaning of this act when he obtained the instrument, or any signature thereto, by fraud, duress or force and fear or other unlawful means, or for an illegal consideration or when he negotiates it in breach of faith, or under such circumstances as amount to a fraud.
Page 288 - Municipal and other corporations and Individuals invested with the privilege of taking private property for public use shall make just compensation for property taken, injured or destroyed by the construction or enlargement of their works, highways or improvements, which compensation shall be paid or secured before such taking, injury or destruction.
Page 482 - ... in its discretion, and upon such terms as may be just, at any time within one year after notice thereof, relieve a party from a judgment, order, or other proceeding, taken against him through his mistake, inadvertence, surprise, or excusable neglect...
Page 281 - Private property shall not be taken or damaged for public use without just compensation having been first made to, or paid into Court for, the owner...
Page 490 - That whenever by the laws of a State, or by State authority, a tax, assessment, servitude, or other burden is imposed upon property for the public use, whether it be of the whole State or of some more limited portion of the community, and those laws provide for a mode of confirming or contesting the charge thus imposed, in the ordinary courts of justice, with such notice to the person, or such proceeding in regard to the property as is appropriate to the nature...
Page 239 - As to such signers there does not exist in the case a semblance of prejudice, either as a matter of fact or as a matter of law.
Page 100 - An appeal is taken by filing, with the Clerk of the Court in which the judgment or order appealed from is entered, a notice stating the appeal from the same, or some specific part thereof, and serving a similar notice on the adverse party or his attorney.
Page 127 - To employ, for the purpose of maintaining the causes confided to him, such means only as are consistent with truth, and never seek to mislead the judge or any judicial officer by an artifice or false statement of fact or law; 5.
Page 109 - York of the second part witnesseth that the said party of the first part for and in consideration of the sum of two hundred and seventy seven dollars money of account of the United States to him in hand paid by the said party of the second part...
Page 559 - ... when, during the litigation, it appears that the defendant is doing, or threatens, or is about to do, or is procuring or suffering to be done, some act in violation of the plaintiff's rights respecting the subject of the action, and tending to render the judgment ineffectual, a temporary injunction may be granted to restrain such act.